Ministry of Justice

The complainant requested the release times of prisoners from a specified prison in March 2019, together with emails between 16 and 23 March 2019 concerning the release of a named prisoner from that prison. The Ministry of Justice (the ‘MOJ’) initially cited section 40(2) – personal information in relation to the release times and provided copies of the requested emails with redactions for personal information. The complainant confirmed his complaint centred only on the prisoner release times. Ultimately, the MOJ revised its position and provided him with some of the requested times for March 2019, but withheld the remainder, citing sections 31(1)(f) (the maintenance of security and good order in prisons) and 38(1)(a) (health and safety) of FOIA. The Commissioner’s decision is that neither section 31(1(f) nor section 38(1)(a) is engaged in relation to the remaining withheld information. Her position is set out in a confidential annex which will be provided to the MOJ only. The Commissioner requires the MOJ to disclose the withheld information (ie the remaining prisoner release times for March 2019) within 35 calendar days of the date of this decision notice.